Prisoners’ Legal Services (PLS) is rallying federal and BC health services bodies to develop policy to stop the abuse of solitary confinement in Canadian prisons.

The United Nations passed the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules) on May 22, 2015. These rules prohibit the use of solitary confinement for more than 15 days for anyone, as it constitutes “torture or other cruel, inhuman or degrading treatment or punishment”. The rules also prohibit the use of solitary confinement on prisoners with mental or physical disabilities that would be exacerbated by solitary confinement.

Both the Correctional Service of Canada and BC Corrections allow prisoners with mental disabilities to be segregated. Neither jurisdiction has a limit on the length of time that prisoners may be held in solitary confinement.

PLS is aware of prisoners with mental disabilities being held in solitary confinement for extended periods of time, in some cases while certified under the Mental Health Act. Health care professionals generally interview prisoners through their solitary confinement cell doors where other prisoners and guards can hear the interview. Psychological assessments tend to be cursory and to focus on risk of suicide or self-harm. There is no requirement that prisoners be removed from solitary confinement if there are health care concerns regarding a prisoner’s mental wellbeing.

PLS calls on the Canadian Medical Association, the Canadian Psychological Association, the Canadian Nurses Association, the BC College of Physicians and Surgeons, the BC College of Psychologists and the BC College of Registered Nurses to issue policy directives to their members clarifying that medical professionals are prohibited from playing any role in the solitary confinement of prisoners.

Click here to see PLS’ letter to the Canadian Medical Association.

PLS also requests policy that would require medical professionals to report the use of solitary confinement on prisoners with mental disabilities or solitary confinement for more than 15 days to the applicable regulatory College of Physicians, federal Correctional Investigator or provincial Investigation and Standards Office, and the federal or provincial Minister of Justice, as required by the Mandela Rules.

The West Coast Prison Justice Society has endorsed submissions made by the Canadian Prison Law Association that are critical of proposed regulations that would limit the right of prisoners to have visits and would increase searches of prisoners and their visitors.

The new regulations are aimed at reducing the amount of drugs that enter prison, despite the fact that CSC’s own evidence demonstrates that drug interdiction measures have not been effective in reducing drug use in prison.

Studies have shown that prisoners who have visits are less likely to commit crimes and return to prison after they are released to the community. The evidence also supports harm reduction strategies that reduce the transmission of HIV and Hepatitis C. The proposed regulations do not provide for harm reduction strategies such as needle exchanges or supervised use programs. Neither do the proposed regulations provide for an increase in treatment for prisoners who are addicted to drugs.

You can read the CPLA submissions here.

On March 19, 2014, Prisoners’ Legal Services made a number of recommendations to the Correctional Service of Canada for improving the rights of transgender prisoners. Read our recommendations here.